LOCAL GOVERNMENT ACT 2009 - SECT 95
Overdue rates and charges are a charge over rateable land
LOCAL GOVERNMENT ACT 2009 - SECT 95
Overdue rates and charges are a charge over rateable land
95 Overdue rates and charges are a charge over rateable land
(1) This section applies if the owner of rateable land owes a local government
for overdue rates and charges.
(2) The overdue rates and charges are a charge
on the land.
(3) The local government may register the charge over the land
by lodging the following documents with the registrar of titles—
(a) a
request to register the charge over the land, in the appropriate form;
(b) a
certificate signed by the chief executive officer that states there is a
charge over the land for overdue rates and charges.
(4) After the charge is
registered over the land, the charge has priority over any other encumbrances
over the land, other than encumbrances in favour of—
(a) the State; or
(b)
a government entity.
(5) If the overdue rates and charges are paid, the
local government must lodge the following documents with the registrar of
titles—
(a) a request to release the charge over the land, in the
appropriate form;
(b) a certificate signed by the chief executive officer
that states the overdue rates and charges have been paid.
(6) This section
does not limit any other remedy that the local government has to recover the
overdue rates and charges (including selling the land, for example).